Common use of Finality and Enforcement of an Award Clause in Contracts

Finality and Enforcement of an Award. 1. An award made by a Tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 3. A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; or (ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article 19.6. The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the Party abide by or comply with the final award. 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention regardless of whether proceedings have been taken under paragraph 5. 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Finality and Enforcement of an Award. 1. An award made by a Tribunal shall have no binding force except between the disputing parties and in respect of the that particular case. 2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 3. A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; , or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; , or (ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a the disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a the Party whose investor was a party to of the arbitrationdisputing investor, shall establish a an arbitral panel under Article 19.6Section D (State-to-State Dispute Settlement Procedures). The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the disputing Party abide by or comply with the final award. 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention or the New York Inter-American Convention regardless of whether proceedings have been taken under paragraph 5. 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention and Article I of the Inter-American Convention.

Finality and Enforcement of an Award. 1. An award made by a Tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 3. A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; , or (ii) revision or annulment proceedings have been completed; andor (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; , or (ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article 19.618-06 (Request for an Arbitral Panel). The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the Party abide by or comply with the final award. 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention or the New York Inter-American Convention regardless of whether proceedings have been taken under paragraph 5. 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention and Article I of the Inter-American Convention.

Finality and Enforcement of an Award. 1. An award made by a Tribunal established under this Section shall have no binding force except between the disputing parties and in respect of the particular case. 2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 3. A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; , or (ii) explanation, revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months ninety (90) days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; , or (ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article 19.619.09 (Request for an Arbitral Group). The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the Party abide by or comply with the final award. 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention New York Convention, or the New York Convention ICSID Convention, regardless of whether proceedings have been taken under paragraph 55 . 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Finality and Enforcement of an Award. 1. An award made by a Tribunal established under this Section shall have no binding force except between the disputing parties and in respect of the particular case. 2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 3. A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 one hundred and twenty (120) days have elapsed from the date the award was rendered and no disputing party has requested explanation, revision or annulment of the award; or (ii) explanation, revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules Rules, the UNCITRAL Arbitration Rules, or the UNCITRAL ICC Arbitration Rules: (i) three months ninety (90) days have elapsed from the date the award was rendered and no disputing party party, has commenced a proceeding to revise, set aside or annul the awardused pertinent legal remedies; or (ii) a court has dismissed or allowed an allow the application to revise, set aside or annul of pertinent legal remedies against the award and there is no further appeal. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article 19.615.07 (Establishment of an Arbitral Panel). The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the Party abide by or comply with the final award. 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention New York Convention, or the New York Convention ICSID Convention, regardless of whether proceedings have been taken under paragraph 5. 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I 1 of the New York Convention.

Finality and Enforcement of an Award. 1. An award made by a Tribunal established under this Section shall have no binding force except between the disputing parties and in respect of the particular case. . 2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. . 3. A disputing party may not seek enforcement of a final award until: (: a) in the case of a final award made under the ICSID Convention: (: i) 120 one hundred and twenty (120) days have elapsed from the date the award was rendered and no disputing party has requested explanation, revision or annulment of the award; or (, or ii) explanation, revision or annulment proceedings have been completed; and (and b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (: i) three months ninety (90) days have elapsed from the date the award was rendered and no disputing party party, has commenced a proceeding to revise, set aside used pertinent legal remedies; or annul the award; or (ii) a court has dismissed or allowed an allow the application to revise, set aside or annul of pertinent legal remedies against the award and the there is no further appeal. . 4. Each Party shall provide for the enforcement of an award in its territory. . 5. If a disputing Party party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article 19.618.07 (Establishment of an Arbitral Panel). The requesting Party may seek in such proceedings: (: a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (and b) a recommendation that the Party abide by or comply with the final award. . 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention New York Convention, or the New York Convention ICSID Convention, regardless of whether proceedings have been taken under paragraph 5. . 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I 1 of the New York Convention.

Finality and Enforcement of an Award. 1. An award made by a Tribunal established under this Section shall have no binding force except between the disputing parties and in respect of the particular case. 2. Subject to paragraph 3 and the applicable review review, clarification or annulment procedure for an interim awardaward provided for by the relevant mechanism which is appropriate in the opinion of the Secretary- General, a disputing party shall abide by and comply with an award without delay. 3. A disputing party may not seek enforcement of a final award until: (a) in In the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) clarification, revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three Three (3) months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; or (ii) a court tribunal of the disputing Party has dismissed or allowed an application submitted by one of the disputing Parties to revise, set aside or annul the award and there is no further appeal. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitrationarbitration proceeding, shall establish a panel under Article 19.620.08 (Request for an Arbitral Panel). The requesting Party may seek in such proceedings: (a) a A determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the Party abide by or comply with the final award. 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention or the New York Inter-American Convention regardless of whether proceedings have been taken under paragraph 5. 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article I 1 of the New York Convention and Article 1 of the Inter-American Convention.

Finality and Enforcement of an Award. 1. An For greater certainty, an award made rendered by a Tribunal tribunal shall have no binding force except between upon the disputing parties and then only in respect of the particular case. 2. Subject to paragraph 3 and to the applicable review procedure for applicable to an interim award, a the disputing party shall abide by and promptly comply with an award without delayand enforce the award. 3. A The disputing party may not seek request enforcement of a the final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date on which the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) the revision or annulment proceedings have been completed; and (b) in the case of a final award made under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules:Rules or the rules selected pursuant to Article 12.17.4(d): (i) three months 90 days have elapsed from the date on which the award was rendered and no disputing party has commenced a proceeding proceedings to revise, set aside or annul the award; or (ii) a court tribunal has dismissed or allowed an application to revisefor revision, set setting aside or annul annulment of the award and there the decision is no further not subject to appeal. 4. Each Party shall provide for the proper enforcement of an award in its territory. 5. If a disputing Party Where the respondent fails to comply with or abide by or comply with a final award, the Commission, on upon delivery of a request by a the Party whose investor was a party to of the arbitrationclaimant, shall establish a panel under shall be established in accordance with Article 19.618.6 (Establishment of a Panel). The requesting Party may seek request in such proceedings: (a) a determination that the failure to abide by or comply with disregard of the terms of the final award is inconsistent with contrary to the obligations of this Agreement; and (b) in accordance with the procedures set forth in Article 18.11 (Panel Report) a recommendation that the Party respondent abide by or comply with the final award. 6. A disputing investor party may seek enforcement of an arbitration arbitral award under the ICSID Convention or Convention, the New York Convention regardless of or the Inter-American Convention, whether proceedings or not the procedures referred to in paragraph 5 have been taken under paragraph 5initiated. 7. A For the purposes of Article I of the New York Convention and Article I of the Inter-American Convention, a claim that is submitted to arbitration under this Section shall be considered deemed to arise out of a commercial relationship or transaction for purposes of Article I of the New York Conventiontransaction.

Finality and Enforcement of an Award. 1. An For greater certainty, the award made by a Tribunal tribunal shall have no binding force except between the disputing for opposing parties and only in respect of the particular case. 2. Subject to paragraph 3 and the applicable review procedure applicable for an interim award, a disputing party shall the opposing side abide by and comply with an award without delay. 3. A disputing party The opposing side may not seek enforcement of a final award until: (a) in In the case of a final award made under the ICSID Convention: (i) 120 Within one hundred and twenty (120) days have elapsed from the date the award was rendered litigant and no disputing party has requested revision or annulment of the awardsame; or (ii) Have concluded the revision or annulment proceedings have been completedproceedings; and (b) in In the case of a final award made under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules:Rules or the Rules with achieving selected in Article 12.16.4 (i) three months have elapsed Within ninety (90) days from the date the award was rendered and no disputing party litigant has commenced a proceeding to revise, set aside or revised, annul the awardit; or (ii) a A court has dismissed or allowed an application to revisefor revision or annulment of the award, set aside or annul the award revocation and there is no further appealthis decision cannot be appealed. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party the respondent fails to abide by or comply with a final award, the Commission, on delivery of a request by a the Party whose investor was a party to of the arbitration, claimant shall establish a panel Panel under Article 19.615.5 (establishment of a panel). The requesting Party party may seek in such proceedings: (a) a A determination that the failure to abide by or comply with refusal of the terms of the final award is inconsistent with the obligations of this AgreementTreaty; and (b) In accordance with the procedures laid down in article (15.9) panel report, a recommendation that the Party abide by the respondent or comply with the final award. 6. A disputing investor Party may seek resort to litigants enforcement of an arbitration award under the ICSID Convention or the New York Convention or the Inter-American Convention regardless of whether proceedings have been taken under or not commenced the procedures referred to in paragraph 5. 7. A For the purposes of article I of the New York Convention and article I of the Inter-American Convention shall be considered a claim that is submitted to arbitration under this Section shall be considered to arise section arises out of a commercial relationship or transaction for purposes of Article I of the New York Conventiontransaction.

Finality and Enforcement of an Award. 1. An award made by a Tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 2. Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 3. A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; or (ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party fails to abide by or comply with a final award, the Commission, on delivery of a request by a Party whose investor was a party to the arbitration, shall establish a panel under Article 19.6. The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the Party abide by or comply with the final award. 6. A disputing investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention regardless of whether proceedings have been taken under paragraph 55 . 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Finality and Enforcement of an Award. 1. An For greater certainty, an award made rendered by a Tribunal tribunal shall have no not be binding force except between upon the disputing parties and then only in respect of the particular case. 2. Subject to paragraph 3 and to the applicable review procedure for applicable to an interim award, a the disputing party shall abide by and comply with an and carry out the award without delay. 3. A The disputing party may not seek request enforcement of a the final award until: (a) in the case of a final award made rendered under the ICSID Convention: (i) 120 one hundred and twenty (120) days have elapsed from the date on which the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision the review or annulment proceedings have been completedconcluded; and (b) in the case of a final award rendered under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules:Rules or the rules selected pursuant to Article 12.16.4 (d): (i) three months ninety (90) days have elapsed from since the date on which the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the awardaward has been initiated by any disputing party; or (ii) a court has dismissed or allowed an application to revisefor revision, set setting aside or annul annulment of the award and there is no further appealthis decision cannot be appealed. 4. Each Party shall provide for the proper enforcement of an award in its territory. 5. If a disputing Party Where the respondent fails to comply with or abide by or comply with a final award, the Commission, on upon delivery of a request by a the Party whose investor was a party to of the arbitrationclaimant, shall establish a panel under shall be established in accordance with Article 19.618.5 (Establishment of a Panel). The requesting Party may seek request in such proceedings: (a) a determination that non-compliance or disregard of the failure to abide by or comply with terms of the final award is inconsistent with contrary to the obligations of this Agreement; and (b) in accordance with the procedures set forth in Article 18.9 (Report of the Panel) a recommendation that the Party respondent abide by or comply with the final award. 6. A disputing investor party may seek enforcement of an arbitration arbitral award under the ICSID Convention or Convention, the New York Convention regardless of or the Inter-American Convention, whether or not proceedings under paragraph 5 have been taken under paragraph 5instituted. 7. A For the purposes of Article I of the New York Convention and Article I of the Inter-American Convention, a claim that is submitted to arbitration under this Section shall be considered deemed to arise out of a commercial relationship or transaction for purposes of Article I of the New York Conventiontransaction.

Finality and Enforcement of an Award. 1. An award made rendered by a Tribunal shall have no be binding force except between only on the disputing parties and only in respect of the particular case. 2. Subject to paragraph 3 and to the applicable review procedure for an interim applicable to a final award, a the disputing party shall abide by and comply with an and enforce the award without delay. 3. A The disputing party may not seek request enforcement of a the final award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date on which the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) the revision or annulment proceedings have been completed; and (b) in the case of a final award made under the ICSID Additional Facility Rules or Rules, the UNCITRAL Arbitration Rules:, or the rules selected under Article 10.17(3)(d): (i) three months 90 days have elapsed from the date on which the award was rendered and no disputing party has commenced a proceeding proceedings to revise, set aside or annul the award; or (ii) a court Tribunal has dismissed or allowed an application to revisefor revision, set setting aside or annul annulment of the award and there this decision is no further not subject to appeal, in accordance with applicable law. 4. Each Party shall provide for the proper enforcement of an award in its territory. 5. If a disputing Party Where the respondent fails to comply with or abide by or comply with a final award, the Commission, on upon delivery of a request by a the Party whose investor was a party to of the arbitrationclaimant, an Arbitral Panel shall establish a panel under be established in accordance with Article 19.618.8 (Request for Establishment of Arbitral Panel). The requesting Party may seek in such proceedingsinvoke Chapter 18 (Dispute Settlement) for: (a) a determination that the failure to abide by or comply with disregard of the terms of the final award is inconsistent with contrary to the obligations of this Agreement; and (b) a recommendation that the Party Respondent abide by or comply with the final awardFinal Award pursuant to Article 18.15 (Final Report). 6. A disputing investor party may seek enforcement of an arbitration arbitral award under the ICSID Convention Convention, the New York Convention, if both Parties are parties to those treaties, or the Inter-American Convention, as applicable, whether or not the procedures referred to in paragraph 5 have been initiated. 7. For the purposes of Article I of the New York Convention regardless and Article I of whether proceedings have been taken under paragraph 5. 7. A the Inter-American Convention, a claim that is submitted to arbitration under this Section shall be considered deemed to arise out of a commercial relationship or transaction for purposes of Article I of the New York Conventiontransaction.

Finality and Enforcement of an Award. 1. An For greater certainty, the award made by a Tribunal tribunal shall have no binding compulsory force except between the disputing parties fighting sections and only in respect of the particular case., 2. Subject to paragraph 3 and the applicable review procedure applicable for an interim award, a disputing party shall the opposing side abide by and comply with an award without delay. 3. A disputing party The opposing side may not seek enforcement of a final award until: (a) In the house of a final award made in accordance with the ICSID Convention (i) Within one hundred and twenty (120) days from the date the award was rendered and no contending party has requested revision or annulment of the same; or (ii) Have concluded the revision or annulment proceedings; and (b) In the case of a final award made under the ICSID Convention:Additional Facility Rules or the Arbitration Rules or the Rules selected in accordance with article 20.6 (d) (submission of a claim to arbitration), (i) 120 Has elapsed (90) days have elapsed from the date the award was rendered and no disputing contending party has requested revision commenced a proceeding to set aside or annulment of the awardrevised, annul it; or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award; or (ii) a A court has dismissed or allowed an application to revisefor revision or annulment of the award, set aside or annul the award revocation and there is no further appealthis decision cannot be appealed. 4. Each Party shall provide for the enforcement of an award in its territory. 5. If a disputing Party When the respondent fails to abide by or comply with a final award, award at the Commission, on delivery of a request by a the non-contending Party whose investor was a party to the arbitration, shall establish a panel shall be established under Article 19.6section C (State - State Settlement of Disputes ). The requesting Party applicant may seek in such proceedings: (a) a A determination that the failure to abide by or comply with refusal of the terms of the final award is inconsistent with the obligations of this Agreement; and (b) a A recommendation with the message that the Party respondent abide by or comply with the final award. 6. A disputing investor contending party may seek enforcement resort to the execution of an arbitration arbitral award under the ICSID Convention or Convention, the New York Convention or the Inter-American Convention regardless of whether proceedings or not the procedures referred to in paragraph 5 have been taken under paragraph 5commenced. 7. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.